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HomeMy WebLinkAboutChapter 465 - Ontario Municipal Board - Sole Arbitrator GENERAL Chapter 465 ONTARIO MUNICIPAL BOARD SOLE ARBITRATOR Article 1 DESIGNATIONS 465.1.1 Ontario Municipal Board 465.1.2 Public body- defined 465.1.3 Other arbitrable disputes Article 2 REPEAL-ENACTMENT 465.2.1 By-law-previous 465.2.2 Ef'f'ective date WHEREAS the Council of The Corporation of the City of Kitchener wishes to amend the provisions of the Municipal Code respecting the ap- pointment of arbitrators for the conduct of arbitrations to which the City is a party; AND WHEREAS section 197 of the Municipal Act;R.S.O.1990,c.M.45, as amended,provides that where a municipality does not have an Official Arbitrator appointed by the Lieutenant Governor in Canada pursuant to the Municipal Arbitrations Act, R.S.O. 1990, c. M48, as amended, a judge of the Superior Court ofJustice shall be the sole arbitrator, except where the Ontario Municipal Board has been designated as sole arbitra- tor by by-law enacted under section 198 of the Municipal Act; AND WHEREAS the City of Kitchener does not have an OfficialArbitra- tor, and has previously designated the Ontario Municipal Board as sole KITCHENER 465.1 JULY 2002 465l1 OMB SOLE ARBITRATOR 465.2.2 arbitrator by by-law nnortedpux,uon/ to section 198 Yf the Municipal Art; AND WHEREAS the Council Yfthe City Yf Kitchener has now J,x,r- m/nnd/6o///nou6/6nu/prvpr/ox,/6o//6n0nmr/oM/n/ripo/B"oxfoon- //nunm6nor6/onmrvo&,/v/nn:y,or/Yfor6/on6&,moonrv6n^°:rn/6n City Yf&Jx6nnor and other municipalities Y/pu6lir bodies, but that all other arbitrations m which the City isoporty and which are governed 6y the M/n/ripo/Ar/or the Municipal Arbitrations Act 6n conducted 6qforr o/uJgnY/thn Ontario Superior Court Y{/vvtiorpux,uon/m section/y7Yf the Municipal Act. Article l DESIGNATIONS 465.1.1 Ontario Municipal Board The Ontario Municipal Board iy hereby designated uy the sole arbitrator for the City iu respect of arbitrable disputes arising solely between the City and one or more municipalities or public bodies and in respect of matters falling within the jurisdiction of the said Board pursuant to section lV8of the Mu- nicipal Art, R.88. lVV0,o.M445. 465.1.2 PubDobodJ-defined For the purposes of Section 465.1.1,"public body"means any municipality, local hounJ, government ministry or Jnpuuoznut, hounJ, 000noiyyiou, ugnuoy or official of provincial or federal government or u First Nation. 465.1.8 Other arbitrable disputes All other arbitrable disputes to which the City is a party and which are gov- emed by the Municipal Act or the Munici p al Arbitrations Act shall be con- ducted before a judge of the Ontario Superior Court of Justice. Article REPEAL-ENACTMENT 465.2.1 By-law-previous Chapter 465of the City of Kitchener Municipal Code iy hereby repealed. 465.2.2 Effective date This Chapter shall come into force uyof the date of the final passing ofthe enabling hy-6w. By-law 2002-l2V,2 July,2002. JULY 2002 465.2 xurcxnwen